Civil penalty—failing to comply with a notice to produce documents
50 Civil penalty—failing to comply with a notice to produce documents
An entity is liable to a civil penalty if:
the entity is given a notice under subsection 49(2); and
the entity fails to comply with the notice.
Civil penalty: 60 penalty units.
Subsection (1) does not apply in relation to the production of a document or a copy of a document if the production would, or could reasonably be expected to, prejudice one or more of the following:
the security, defence or international relations of the Commonwealth;
the capabilities of an intelligence agency;
the prevention, detection or investigation of, or the conduct of proceedings relating to, an offence or a contravention of a civil penalty provision;
the administration of justice.
Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.
Despite section 96 of the Regulatory Powers Act, in proceedings for a civil penalty order against an entity for a contravention of subsection (1), the entity does not bear an evidential burden in relation to the matters in subsection (2).
This Act does not make the Crown (other than an authority of the Crown) liable to a civil penalty.
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